Common use of Nonsolicitation Agreement Clause in Contracts

Nonsolicitation Agreement. 6.1 During the term of this Agreement and for a period of one (1) year after Executive’s employment is terminated for any reason, Executive will not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation, or business entity of any type, solicit, assist or in any way encourage any current employee or consultant of the Company, whom Executive supervised or had responsibility for during the twelve (12) months prior to the termination of employment, to terminate his or her employment relationship or consulting relationship with or for the Company, nor will Executive solicit the services of any former employee or consultant of the Company whom Executive supervised or had responsibility for during the twelve (12) months prior to the termination of employment, whose service with the Company has been terminated for less than six (6) months. 6.2 During the term of this Agreement and for a period of one (1) year after Executive’s employment is terminated for any reason, Executive will not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation, or business entity of any type, solicit, divert, or take away, or attempt to solicit, divert, or take away, in whole or in part, any Customer of the Company or otherwise interfere with the Company’s relationship with any Customer, for the purpose of competing with the Company in the Business. For purposes of this Agreement, “Customer” shall mean any person, company or business entity to which the Company sells or licenses goods or services at the time Executive’s employment with the Company terminated and with whom Executive had material business contact during the twelve months (12) months prior to his termination of employment, and “Business” shall mean providing energy related services, including without limitation energy load control or demand response products and services, energy capacity, energy efficiency, advanced metering solutions, or other alternative energy solutions engaged in by the Company.

Appears in 3 contracts

Samples: Executive Employment Agreement (Comverge, Inc.), Executive Employment Agreement (Comverge, Inc.), Executive Employment Agreement (Comverge, Inc.)

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Nonsolicitation Agreement. 6.1 During the term of this Agreement and for a period of one (1) year after Executive’s employment is terminated for any reason, Executive will not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation, or business entity of any type, solicit, assist or in any way encourage any current employee or consultant of the Company, whom Executive supervised or had responsibility for during the twelve (12) months prior to the termination of employment, to terminate his or her employment relationship or consulting relationship with or for the Company, nor will Executive solicit the services of any former employee or consultant of the Company whom Executive supervised or had responsibility for during the twelve (12) months prior to the termination of employment, whose service with the Company has been terminated for less than six (6) months. 6.2 (a) During the term of this Agreement and for a period of one (1) year after Executive’s employment is terminated for any reason, Executive will not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation, or business entity of any type, solicit, divert, or take away, or attempt to solicit, divert, or take away, in whole or in part, any Customer of the Company or otherwise interfere with the Company’s relationship with any Customer, for the purpose of competing with the Company in the Business. For purposes of this Agreement, “Customer” shall mean any person, company or business entity to which the Company sells sells, sold, licenses or licenses licensed goods or services at the time Executive’s employment with the Company terminated and for the preceding twelve (12) months and with whom Executive had material business contact during the twelve months (12) months prior to his termination of employment, and “Business” shall mean providing energy related services, including without limitation energy load control or demand response products and services, energy capacity, energy efficiency, advanced metering solutions, or other alternative energy solutions engaged in by the Company.

Appears in 2 contracts

Samples: Executive Employment Agreement (Comverge, Inc.), Executive Employment Agreement (Comverge, Inc.)

Nonsolicitation Agreement. 6.1 During the term of this Agreement and for a period of one (1) year after Executive’s employment is terminated for any reason, Executive will not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation, or business entity of any type, solicit, assist or in any way encourage any current employee or consultant of the Company, whom Executive supervised or had responsibility for during the twelve twenty-four (1224) months prior to the termination of employment, to terminate his or her employment relationship or consulting relationship with or for the Company, nor will Executive solicit the services of any former employee or consultant of the Company whom Executive supervised or had responsibility for during the twelve twenty-four (1224) months prior to the termination of employment, whose service with the Company has been terminated for less than six (6) months. 6.2 During the term of this Agreement and for a period of one (1) year after Executive’s employment is terminated for any reason, Executive will not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation, or business entity of any type, solicit, divert, or take away, or attempt to solicit, divert, or take away, in whole or in part, any Customer of the Company or otherwise interfere with the Company’s relationship with any Customer, for the purpose of competing with the Company in the Business. For purposes of this Agreement, “Customer” shall mean any person, company or business entity to which the Company sells or licenses goods or services at the time Executive’s employment with the Company terminated and terminated, any person, company or business entity to which the Company has, under Executive’s leadership, made a proposal to provide services during the twelve (12) months prior to his termination of employment and/or with whom Executive had material business contact during the twelve months (12) months prior to his termination of employment, and “Business” shall mean providing energy related services, including without limitation energy load control or demand response management products and services, energy capacity, energy efficiency, advanced metering solutions, or other alternative energy solutions engaged in by the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Comverge, Inc.)

Nonsolicitation Agreement. 6.1 During the term of this Agreement and for a period of one (1) year after Executive’s 's employment is terminated for any reason, Executive will not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation, or business entity of any type, solicit, assist or in any way encourage any current employee or consultant of the Company, whom Executive supervised or had responsibility for during the twelve (12) months prior to the termination of employment, to terminate his or her employment relationship or consulting relationship with or for the Company, nor will Executive solicit the services of any former employee or consultant of the Company whom Executive supervised or had responsibility for during the twelve (12) months prior to the termination of employment, whose service with the Company has been terminated for less than six (6) months. 6.2 (a) During the term of this Agreement and for a period of one (1) year after Executive’s 's employment is terminated for any reason, Executive will not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation, or business entity of any type, solicit, divert, or take away, or attempt to solicit, divert, or take away, in whole or in part, any Customer of the Company or otherwise interfere with the Company’s 's relationship with any Customer, for the purpose of competing with the Company in the Business. For purposes of this Agreement, “Customer” shall mean any person, company or business entity to which the Company sells or licenses goods or services at the time Executive’s 's employment with the Company terminated and terminated, any person, company or business entity to which the Company has, under Executive's leadership, made a proposal to provide services during the twelve (12) months prior to his termination of employment and/or with whom Executive had material business contact during the twelve months (12) months prior to his termination of employment, and “Business” shall mean providing energy related services, including without limitation energy load control or demand response management products and services, energy capacity, energy efficiency, advanced metering solutions, or other alternative energy solutions engaged in by the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Comverge, Inc.)

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Nonsolicitation Agreement. 6.1 During the term of this Agreement and for a period of one (1) year after Executive’s employment is terminated for any reason, Executive will not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation, or business entity of any type, solicit, assist or in any way encourage any current employee or consultant of the Company, whom Executive supervised or had responsibility for during the twelve (12) months prior to the termination of employment, to terminate his or her employment relationship or consulting relationship with or for the Company, nor will Executive solicit the services of any former employee or consultant of the Company whom Executive supervised or had responsibility for during the twelve (12) months prior to the termination of employment, whose service with the Company has been terminated for less than six (6) months.. STANDARD EXECUTIVE EMPLOYMENT AGREEMENT 6.2 During the term of this Agreement and for a period of one (1) year after Executive’s employment is terminated for any reason, Executive will not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation, or business entity of any type, solicit, divert, or take away, or attempt to solicit, divert, or take away, in whole or in part, any Customer of the Company or otherwise interfere with the Company’s relationship with any Customer, for the purpose of competing with the Company in the Business. For purposes of this Agreement, “Customer” shall mean any person, company or business entity to which the Company sells or licenses goods or services at the time Executive’s employment with the Company terminated and with whom Executive had material business contact during the twelve months (12) months prior to his termination of employment, and “Business” shall mean providing energy related services, including without limitation energy load control or demand response products and services, energy capacity, energy efficiency, advanced metering solutions, or other alternative energy solutions engaged in by the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Comverge, Inc.)

Nonsolicitation Agreement. 6.1 During the term of this Agreement and for a period of one (1) year after Executive’s employment is terminated for any reason, Executive will not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation, or business entity of any type, solicit, assist or in any way encourage any current employee or consultant of the Company, whom Executive supervised or had responsibility for during the twelve (12) months prior to the termination of employment, to terminate his or her employment relationship or consulting relationship with or for the Company, nor will Executive solicit the services of any former employee or consultant of the Company whom Executive supervised or had responsibility for during the twelve (12) months prior to the termination of employment, whose service with the Company has been terminated for less than six (6) months. 6.2 (a) During the term of this Agreement and for a period of one (1) year after Executive’s employment ends or is terminated for any reason, Executive will not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation, or business entity of any type, solicit, divert, or take away, or attempt to solicit, divert, or take away, in whole or in part, any Customer of the Company or otherwise interfere with the Company’s relationship with any Customer, for the purpose of competing with the Company in the Business. For purposes of this Agreement, “Customer” shall mean any person, company or business entity to which the Company sells or licenses goods or services at the time Executive’s employment with the Company terminated and with whom Executive had material business contact during the twelve months (12) months prior to his termination of employment, and “Business” shall mean providing energy related services, including without limitation energy load control or demand response products and services, energy capacity, energy efficiency, advanced metering solutions, or other alternative energy solutions engaged in by the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Comverge, Inc.)

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